My 40 views

About Us

Qualified Employees can Be Full Time

Most staff members who certify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the worker can agree digitally or in writing to work on the vacation and be paid:

– public vacation pay plus premium spend for all hours worked on the public vacation and not get another day off (called a “replacement” holiday);.
or.

– be paid their regular wages for all hours dealt with the public vacation and get another substitute vacation for which they need to be paid public holiday pay.

Some staff members may be needed to deal with a public vacation. (See “Special rules for certain markets” later in this Chapter.) While a lot of staff members are qualified for the public holiday entitlement, some workers work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules apply, please refer to the Guide to employment requirements special rules and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other employment standards privileges.

See “Public vacation pay” later in this chapter.

Regular wages does not consist of any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.

While some employers offer their workers a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some workers perform more than one sort of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If an employee carries out both sort of work, exempt and covered, they are qualified for the general public holiday privilege with regard to a particular public vacation if at least half of the work carried out in the work week of the public vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the public vacation privilege for Canada Day.

Qualifying for public vacation privileges

Generally, employees certify for the general public holiday entitlement unless they:

– fail without reasonable cause to work all of their last routinely scheduled day of work before the general public vacation or all of their first frequently arranged day of work after the general public vacation (this is called the “Last and First Rule”);.
or.

– fail without reasonable cause to work their entire shift on the general public vacation if they accepted or were required to work that day.

Note: Most employees who fail to qualify for the public vacation privilege are still entitled to be paid premium pay for every hour they work on the holiday.

Qualified workers can be full time, part time, irreversible or on term agreement. It does not matter how recently they were worked with, or how many days they worked before the general public holiday.

The “last and very first rule”

The “last frequently arranged day of work before the general public holiday” and the “first frequently scheduled day of work after the public vacation” do not need to be the days right in the past and referall.us right after the holiday.

For instance, a staff member might not be scheduled to work the day right before or after the holiday. As long as the worker works all of their last frequently scheduled shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying requirement.

Reasonable cause

A staff member is normally thought about to have “affordable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still get approved for public holiday privileges.

How the last and first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she qualifies to be paid for the vacation.

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for consent to take off the Thursday before the general public vacation because he has a personal consultation. His company agrees. Lev’s last frequently arranged work day before the vacation is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the vacation, or has affordable cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the vacation. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris’s routinely scheduled shift on the Thursday before the public vacation is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly set up shift before his getaway and first routinely arranged shift after his trip – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will qualify for the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last routinely arranged day of work before her leave, and her very first frequently set up day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

A public holiday falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have affordable cause for missing that day. She gets no pay for the holiday.

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the routine incomes made by the employee in the 4 work weeks before the work week with the public vacation plus all of the trip pay payable to the worker with respect to the four work weeks before the work week with the public vacation, divided by 20.

When to include holiday pay in the calculation of public vacation pay

The quantity of trip pay payable to consist of in the estimation of public holiday pay depends upon whether the worker is on trip at any time throughout the four work weeks prior to the public holiday, and the way in which the staff member is to be paid holiday pay. Please refer to the Vacation chapter for info on the various ways trip pay can be paid.

Vacation pay payable

If the worker is to be paid their getaway pay before they take a vacation or on or before the pay day for the duration in which the vacation falls, vacation pay will be included in the computation of public holiday pay if the staff member was on holiday throughout that four work week period. If the worker was not on getaway throughout that period, no getaway pay will be included in the calculation.

If the staff member is to be paid vacation pay with every pay cheque the amount of trip pay to include in the calculation of public vacation pay will be at least four percent of all of the staff member’s earnings made during the 4 work week duration. (Note that if an employee makes a greater percentage of trip pay, such as 6 percent of earnings, then the “getaway pay payable” will be based on that higher percentage.)

If a staff member is to get their getaway pay in a swelling sum on a certain date or dates, getaway pay will be consisted of in the computation of public holiday pay only if that date or dates falls throughout the appropriate four work week period.

Calculating the 4 work week duration before the work week with a public vacation

The four weeks before the public vacation is based upon the company’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to determine public vacation pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the public vacation falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the regular incomes made by the worker and the vacation pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works five days a week and makes $120 a day. She worked her last routinely arranged work day before the public vacation and her first frequently arranged day after the holiday. She gets her getaway pay when her holiday is taken. She was not on trip during the four work weeks leading up to the general public holiday.

1. Calculate Iryna’s total routine earnings earned:
$ 120 daily X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine incomes in the four work weeks before the public holiday.

2. Calculate the quantity of holiday pay payable with respect to the 4 work week period:.
Iryna gets her getaway pay when she takes her holiday. Because she was not on vacation throughout the four work week period, the amount of trip pay payable with regard to the four work weeks before the public holiday = $0.

3. Add together her total salaries made and trip pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public holiday pay.

Example: When trip time is involved

Brock works 5 days a week and earns $160 a day. He was on vacation for 2 of the four weeks before the general public vacation. He receives vacation pay before he takes his trip. He is paid $1,600 getaway spend for his 2 weeks of holiday. Brock worked his last frequently arranged work day before the public vacation and his very first frequently set up work day after the holiday.

1. Calculate Brock’s overall regular incomes made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

2. Calculate the amount of vacation pay:.
Brock was on holiday for two of the 4 work weeks prior to the work week with the general public holiday, and is paid holiday pay before he takes his trip. The quantity of holiday pay payable with respect to the 4 work weeks prior to the work week with the public vacation = $1,600.

3. Add together his overall earnings made and getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public holiday pay.

Example: When an employee works part-time and each pay cheque consists of getaway pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public holiday and her very first routinely scheduled day after the holiday. She and her company have actually agreed in composing that she will get 4 percent vacation pay on each paycheque.

1. Calculate Tegan’s regular earnings made:.
$ 120 each day X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.

2. Calculate her getaway pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 per week X 4 weeks = $57.60.

3. Total her regular incomes earned and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of trip pay

Bertie does not work a set variety of hours per day or days each week. Her pay differs from week to week, according to the time she has worked. She and her company have actually agreed in composing that she will receive 4 per cent holiday pay on each pay cheque.

1. Bertie’s regular incomes earned throughout the 4 work weeks before the vacation are $1,500.

2. Calculate her trip pay payable:.
$ 1,500 X 4% = $60.

3. Combine her regular wages earned and holiday pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When a worker is on a leave

Zoe normally works five days a week, earning $120 a day. She gets holiday pay before she goes on getaway. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid earnings or getaway pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are ruled out “salaries.”

Zoe is entitled to get public holiday spend for the general public vacations that fall during her leave as long as she works her last routinely scheduled day before her leave and her very first frequently set up day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and only worked 7 days during the 4 work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:

– Regular earnings earned: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on getaway during the 4 work week period).

– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.

Her public holiday pay for the rest of the public vacations that fall during her leave will be $0. This is due to the fact that she will not have actually made any salaries or holiday pay on any of the days during the four work weeks before each of those vacations.

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He got employment insurance advantages during this time, however these benefits are ruled out “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last routinely scheduled day before the layoff and his first regularly arranged day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not make any earnings or holiday pay in the 4 work weeks before those two public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If a worker is entitled to get exceptional pay for deal with a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

For example, Nathan’s regular rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

An alternative holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation pay for a substitute holiday.

A replacement holiday should be scheduled for a day that is no behind three months after the general public vacation for which it was earned, or, if the staff member has concurred digitally or in writing, the substitute day off can be scheduled approximately 12 months after the public vacation.

If an employee gets a replacement holiday, the company should provide the worker with a composed declaration that sets out the public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was offered to the staff member. This declaration should be provided to the worker before the general public vacation.

Entitlements for public holidays

Entitlements for public holidays differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member works on the vacation. The different entitlements are set out listed below.

When a public vacation falls on a working day however the employee does not work

Most workers have the right to get the public vacation off and earn money public holiday pay. (Some employees may be required to deal with a public vacation. See “Special guidelines for certain industries” later on in this chapter.)

When a public holiday falls on a staff member’s non-working day or during a staff member’s trip

When a public holiday falls on a day that is not normally a working day for a worker, or during the staff member’s holiday, the staff member is entitled to either:

– a substitute holiday off with public vacation pay;.
or.

– public holiday spend for the public vacation, if the worker consents to this electronically or in composing (in this case, the staff member will not be provided an alternative day of rest).

When an employee who certifies for the day of rest has actually agreed digitally or in composing to deal with a public holiday

Most workers have the right to get the general public holiday off and get paid public holiday pay. However, if an employee concurs digitally or in writing to deal with the public holiday, there are 2 options:

– the worker is entitled to get regular earnings for all hours dealt with the general public vacation, plus a substitute day of rest work with public holiday pay;.
or.

– if the worker agrees digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours worked on the public vacation. In this case, the staff member will not be given an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s regular working days. He and his company have actually agreed electronically or in writing that he will work on the public holiday and that, rather of getting a replacement vacation, he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation.

John-Duncan frequently works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works 8 hours on the public vacation. He receives his vacation pay when his getaway is taken. He was not on trip throughout the four work weeks leading up to the public vacation

Step 1: calculate public holiday pay:

1. Calculate John-Duncan’s total regular wages earned in the 4 work weeks before the public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 each day X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the 4 work weeks before the public holiday.

2. Calculate the amount of vacation pay payable with regard to the four work week period:.
John-Duncan receives his vacation pay when he takes his vacation. Because he was not on holiday during the 4 work week duration, the amount of getaway pay payable with regard to the 4 work weeks before the public vacation = $0.

3. Combine his total wages earned and trip pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay privilege is $160.

Step 2: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general public vacation is calculated:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.

When a worker concurs to deal with a public vacation but stops working to do so

If a worker has actually agreed digitally or in writing to deal with the public vacation however does refrain from doing so – and does not have sensible cause for not having done so – the staff member has no right to public holiday pay or to a substitute day off with pay.

However, if the staff member has sensible cause for not working the public vacation, then privileges will depend on which of the 2 options listed below the staff member chose in exchange for consenting to deal with the general public holiday:

– if the worker had agreed electronically or in writing to deal with the public holiday for regular wages plus a substitute day off with public vacation pay, the staff member is entitled to a substitute day of rest work with public vacation pay;.
or.

– if the staff member had concurred electronically or in writing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the vacation. The worker is not entitled to get any premium pay because they did not perform any deal with the holiday.

When a worker works only some of the hours they consented to work on a public vacation

If an employee has actually concurred electronically or in composing to work on the public vacation but works just some of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is only entitled to receive superior spend for each hour dealt with the vacation. The employee has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had concurred in writing that she would work eight hours on Canada Day however she just worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium spend for the four hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day off work.

However, if the employee has sensible cause for working only some of the hours they concurred to deal with the public holiday, then:

– the staff member is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.

– if the worker had actually agreed electronically or in composing to work on the public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour dealt with the .

Special guidelines for particular industries

Special rules apply to staff members who work in the list below types of services:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– health centers and nursing homes;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring business or the games part of a gambling establishment if the games tables are open all the time).

An employee who operates in any of these organizations can be required to work on a public holiday without their contract, however just if the vacation falls on a day that the worker would generally work and the worker is not on trip.

If an employee is required to work, they are entitled to either:

– their regular rate for the hours worked on the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

– public holiday pay plus premium spend for each hour worked.

The company chooses which of these options will apply.

Note that the employer’s ability to require staff members to deal with a public vacation undergoes the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that certain retail employees who work in continuous operations (for instance, a 24-hour benefit shop) can decline to work on a public holiday since of the unique rules that use to some retail employees. See the “Retail workers” chapter of this guide for more information.

A staff member in the previously noted organizations who is required to work on a public vacation that falls on their ordinary working day however stops working to do so, with affordable cause, is entitled to:

– an alternative holiday with public holiday pay;.
or.

– public vacation spend for the vacation.

The company picks which alternative will use.

An employee in any of these organizations who is required to deal with a public vacation that falls on their ordinary working day but who stops working, with sensible cause, to work a few of the hours they were required to work on the vacation is entitled to either:

– their routine rate for each hour dealt with the holiday plus a substitute vacation with public holiday pay;.
or.

– public holiday pay for the holiday plus premium pay for each hour worked.

The employer picks which choice will use.

A worker in any of these organizations who is required to deal with a public holiday that falls on their common working day but who fails, without sensible cause, to work part or all of the general public holiday is just entitled to receive superior spend for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or an alternative day off work.

Overtime computations when a staff member receives superior pay

Any hours dealt with a public holiday that are compensated with superior pay are not consisted of when identifying whether a staff member has worked any overtime hours.

If work ends

Sometimes an employee’s job comes to an end before the worker can take a substitute vacation with public vacation pay that they have actually earned. In this case, the company needs to pay the staff member’s public vacation pay at the very same time it pays the worker’s final earnings. This is so no matter the factor the task came to an end, whether it is since the worker stopped, was fired for excellent reason, or for some other reason.